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Showing 781–790 of 22200 articles for “Art. n° 23-10455 · Cass. com. 16 September 2008”
The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the…
Where the secured claim is paid in full before the assigned claim is paid, the assignor shall automatically recover ownership of the assigned claim..
The benefit of division must be invoked by the guarantor as soon as the first proceedings are brought against it. It can only be invoked between solvent guarantors. The insolvency of a guarantor on th…
When the secured claim is paid in full, the assignee shall return the sum assigned to the assignor, plus any fruits and interest.
On pain of nullity, the assignment must be made in writing. This writing shall include the designation of the secured claims. If they are future, the deed must allow them to be individualised or conta…
The assignment is enforceable against third parties by delivery of the amount assigned.
Where the assignee does not have free disposal of the sum assigned, the fruits and interest produced by it increase the basis of the guarantee, unless otherwise agreed. Where the assignee has free dis…
The debtor of the pledged claim may set up against the pledgee the defences inherent in the debt. He may also raise defences arising from his relationship with the pledgor before the pledge became enf…
Property assigned pursuant to Article 2372-1 may subsequently be assigned to guarantee debts other than those mentioned in the constitutive act provided that the latter expressly so provides. The sett…
Where the same claim is the subject of successive pledges, the ranking of creditors is governed by the order of the deeds. The creditor who is first in line has recourse against the creditor to whom t…
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